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Ash, Solicitor

Category: Property Law

Satisfied Customers: 10916

Experience: Solicitor with 5+ years experience

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Hello, A year ago I asked Joshua from this very same page

This answer was rated:

★★★★★

Hello,A year ago I asked Joshua from this very same page to provide me with a contract that ensured me peace of mind in my current home. He pointed me to a contract in Law Depot.I moved in the property and signed a contract along with the landlord. A year after, my landlord wants to evict me and my girlfriend with barely a month of written notice.The contract specified that we needed a 4 months notice, but he wanted us out in around one. Also, the contract is a one-year automatic renewal contract. I've got proof of the signed contract and the written notice of the landlord. Since we have no interest in living there anymore, we thought a monetary compensation would be in order. I was thinking of legally claiming with a N1 form online.Before doing so, I decided to contact Citizen's Advice and look at Shelter's webpage. It turns out, even if my contract is rock solid, we are in really shaky ground as we apparently are 'excluded occupiers' -the landlord is a private live-in landlord and we're renting one of the rooms in the house-, which gives us the minimum legal protection. That's the reason Citizen's Advice is advising me not to start a claim, since it costs some money after all.However, I really do think the landlord has abused his position and we deserve a compensation.What can we do? If not a monetary compensation, at least an injunction would help.Many thanks

For now please let me know whether you just want to seek compensation ?

JACUSTOMER-eov9w0sb- :

Yes, I do

Alex Watts :

Ok - well my view is that is they get you to move you do have a claim for breach of contract against the Landlord.

Alex Watts :

It makes no difference whether or not you have a licence for a room or a tenancy agreement.

Alex Watts :

The agreement said 4 months notice.

Alex Watts :

But he wants you out in a month

Alex Watts :

You can therefore sue for breach of contract and claim extra rent, moving costs etc.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-eov9w0sb- :

Let's see if I get it:

JACUSTOMER-eov9w0sb- :

I calculate my costs, then ask him to pay them via certified post

JACUSTOMER-eov9w0sb- :

I give him two weeks do so, I guess?

Alex Watts :

Yes

JACUSTOMER-eov9w0sb- :

And if he doesn't do so or refuses, I can start an online claim with a form N1

JACUSTOMER-eov9w0sb- :

It should be small claims, so I don't need representation

Alex Watts :

Indeed

JACUSTOMER-eov9w0sb- :

Does that mean I can do the whole process from another country? because at the moment, I'm in Spain

Alex Watts :

Yes you can issue online. But if there is a trial for the small claim you would have to come back for that

JACUSTOMER-eov9w0sb- :

If there's a small claim, does the quantity increase in any way?

Alex Watts :

You can claim up to £10,000 in a small claim

JACUSTOMER-eov9w0sb- :

Also, other flatmates, including my girlfriend, who is in the contract, can attend court if needed?

Alex Watts :

Yes

JACUSTOMER-eov9w0sb- :

Brilliant

JACUSTOMER-eov9w0sb- :

Just to clarify, the quantity I'm supposed to ask is exactly what I spent to move out. No more no less.

JACUSTOMER-eov9w0sb- :

is this right?

Alex Watts :

Yes that is right. You can probably claim a nominal sum for inconvenience around £250 but nothing more

JACUSTOMER-eov9w0sb- :

Am I safe to try that?

Alex Watts :

Yes I would

Alex Watts :

the Judge can always say no to that element

JACUSTOMER-eov9w0sb- :

Ok, I'll try then. One last question:

JACUSTOMER-eov9w0sb- :

I spent on a truck to move my stuff out, trains and planes to get to Spain

JACUSTOMER-eov9w0sb- :

But I kept part of my stuff in a storage facility in London that charges me every month

Alex Watts :

Well you can't claim for trains and Spain

Alex Watts :

You can only claim for storage etc

JACUSTOMER-eov9w0sb- :

How come?

Alex Watts :

Well how are you able to justify moving to Spain?

JACUSTOMER-eov9w0sb- :

My family is here.

JACUSTOMER-eov9w0sb- :

Apart from the travel, it costs me nothing to live here

JACUSTOMER-eov9w0sb- :

And I had no money to move again in London

JACUSTOMER-eov9w0sb- :

Definitely not to face another rental + deposit

Alex Watts :

You can't claim the cost of going to Spain

Alex Watts :

You could have stayed at a B&B

Alex Watts :

Or when he gave you notice you could have gotten another property for 3 months

Alex Watts :

You didnt need to move to Spain

Alex Watts :

You wont be able to claim those costs

Alex Watts :

You can claim storage and moving etc

Alex Watts :

But not Spain

JACUSTOMER-eov9w0sb- :

Ok, that's a shame

JACUSTOMER-eov9w0sb- :

ok, understood

JACUSTOMER-eov9w0sb- :

Can I claim storage for more than one month?

Alex Watts :

If you had a car accident and had a mini then by the same logic you could hire a Rolls Royce!

Alex Watts :

Yes you can claim 3 months storage

JACUSTOMER-eov9w0sb- :

Ok, I understand the logic behind that :)

JACUSTOMER-eov9w0sb- :

3 months

JACUSTOMER-eov9w0sb- :

That's brilliant

JACUSTOMER-eov9w0sb- :

Thank you very much

JACUSTOMER-eov9w0sb- :

I think that's all I needed

JACUSTOMER-eov9w0sb- :

I don't think I need to worry about anything else, should I?

Alex Watts :

Great. Can I clarify anything else for you?

JACUSTOMER-eov9w0sb- :

Can these hearings get complicated? Can I be in this process for half my life? Because that's how Justice works in Spain

Alex Watts :

No, its a small claim. It will be an hour or two at the most

JACUSTOMER-eov9w0sb- :

Oh, wow

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-eov9w0sb- :

If that's all I need to worry about

JACUSTOMER-eov9w0sb- :

Then I'm Ok

Alex Watts :

Can I help with anything else today?

JACUSTOMER-eov9w0sb- :

Well, on tiiiny thing

Alex Watts :

Ok

JACUSTOMER-eov9w0sb- :

My flatmates are still in the house with the landlord, and he's being more and more aggressive

JACUSTOMER-eov9w0sb- :

Should he kick them out just like that

JACUSTOMER-eov9w0sb- :

Can they call the police?

Alex Watts :

Yes they can call the Police.

JACUSTOMER-eov9w0sb- :

Ok, I'll tell them then

Alex Watts :

Great.

JACUSTOMER-eov9w0sb- :

Thank you very much, then

JACUSTOMER-eov9w0sb- :

Bye & cheers

Alex Watts :

Happy to help

Alex Watts :

If this answers the question might I ask you to rate my answer - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-eov9w0sb- :

If they move out, though, they'll able to claim three months of the next rent, right?

I sent a certificate letter to my landlord more than two weeks ago. Since he hasn't answered positively, I started a claim using Money Claim Online.However, the status of the claim is simply "issued". Apparently, I can force a judgement, but there's a couple of conditions I need to meet:

'you must have received a full admission from the defendant(s) that they owe you the money claimed' Knowing my landlord, that's not going to happen.

'14 days must have expired since the claim was served on the defendant(s) (the claim is considered served on the fifth day after it was issued) and a response has not been filed or served on you

If you served separate detailed particulars of claim on the defendant(s), you must have filed a certificate of service within 14 days of serving these and, where you've done this, you must confirm this if you proceed to request judgment.

You don't have to pay a fee to enter judgment. A judgment order will be sent to the defendant(s). It is your responsibility to enforce the order if the defendant(s) does not comply with the terms.'I don't really get this last point. What do I do next?

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